Written Answers Nos. 314-342
314. Deputy Patrick Costello asked the Minister for Housing, Local Government and Heritage the actions that his Department has taken to implement the relevant recommendations from the Joint Committee on Key Issues Affecting the Traveller Community report issued in November 2021. [14008/22]
Amharc ar fhreagraThe Housing (Traveller Accommodation) Act 1998 provides that local authorities have statutory responsibility for the assessment of the accommodation needs of Travellers and the preparation, adoption and implementation of multi-annual Traveller Accommodation Programmes (TAPs) in their areas. My Department’s role is to ensure that there are adequate structures and supports in place to assist the authorities in providing such accommodation, including a national framework of policy, legislation and funding.
My Department reviewed the relevant recommendations contained in the final report of the Joint Committee on Key Issues Affecting the Traveller Community, in particular, having regard to the Traveller Accommodation Expert Review report (July 2019) for which there is already a process underway through the independently chaired Programme Board established to drive implementation of the recommendations. My Department is satisfied that the relevant recommendations of Joint Committee on Key Issues affecting the Traveller Community are primarily captured within the ongoing work of the Programme Board.
My Department will continue to work within the framework of the Programme Board to deliver the recommendations of Traveller Accommodation Expert Review report (July 2019) including having regard to the relevant recommendations made by the Joint Oireachtas Committee on Key Issues affecting the Traveller Community which fall within the remit of my Department. The Programme Board recently agreed to report progress on implementation of the recommendations on my Department's website and it is available at: www.gov.ie/en/publication/37910-traveller-accommodation-expert-review-programme-board-update/.
315. Deputy Francis Noel Duffy asked the Minister for Housing, Local Government and Heritage when the report by the Inter-Departmental Working Group to Examine Defects in Housing will be published; the progress of the Working Group; and if he will make a statement on the matter. [14036/22]
Amharc ar fhreagra317. Deputy Seán Canney asked the Minister for Housing, Local Government and Heritage when he intends to publish the report by the Independent Working Group on defective housing; and if he will make a statement on the matter. [14130/22]
Amharc ar fhreagra318. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage the status of the Working Group to Examine Defects in Housing; and when the group is due to report; and if he will make a statement on the matter. [14138/22]
Amharc ar fhreagra339. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage if the working group on defective homes will be completed by the end of March 2022 as previously advised; if his attention has been drawn to the importance of the working group's report meeting this timeline in order that there is sufficient time for the report's recommendations to be considered by Government and acted upon in Budget 2023; and if he will make a statement on the matter. [14456/22]
Amharc ar fhreagraI propose to take Questions Nos. 315, 317, 318 and 339 together.
The Programme for Government sets out a number of commitments in respect of the important policy area of addressing building defects. It commits to an examination of defects in housing, having regard to the recommendations of the Joint Oireachtas Committee on Housing’s report "Safe as Houses?". Housing for All, the Government’s national plan on housing to 2030, reiterates this commitment.
In this regard, I established a working group to examine defects in housing. This working group has been meeting monthly since March 2021 (except for August). In addition, regular subgroup meetings take place to advance elements of the work.
The group’s terms of reference, adopted in May 2021, are focused on fire safety, structural safety and water ingress defects in purpose built apartment buildings, including duplexes, constructed between 1991 and 2013. The full terms of reference of the Working Group are to:
1. Examine defects in housing having regard to the recommendations in Item 4 “Addressing the legacy of bad building and poor regulation” in Chapter 4 of the Joint Oireachtas Committee on Housing, Planning and Local Government report - ‘Safe as Houses? A Report on Building Standards, Building Controls and Consumer Protection’.
2. Establish the nature of significant, wide-spread fire safety, structural safety and water ingress defects in purpose built apartment buildings, including duplexes, constructed between 1991 – 2013 in Ireland through consultation with affected homeowners, homeowner representative organisations, owners’ management companies, relevant managing agents, public representatives, local authorities, product manufacturers, building professionals, industry stakeholders, insurance providers, mortgage providers and other relevant parties. Including such matters as:
- Identification and description of defect,
- Nature of defect – design, product, workmanship,
- Non-compliance with building regulations or actual damage,
- Severity/risk to life or serviceability of dwelling,
- Period of construction affected,
- Type of dwelling affected,
- Location of dwellings affected.
1. Establish the scale of the issue – estimate number of dwellings affected by the defects identified including those already remediated.
2. Consider a methodology for the categorisation of defects and the prioritisation of remedial action.
- In the case of defects with fire safety implications, consider how the framework for enhancing fire safety in dwellings can be applied to mitigate the risks arising from fire safety defects pending the remediation of defects and the Code of Practice for Fire Safety Assessment of Premises and Buildings, which is currently being developed by National Directorate of Fire and Emergency Management.
Suggest mechanisms for resolving defects, in the context of the legal rights, duties and obligations of developers, builders, building professionals, insurers, mortgage providers, building control authorities, fire authorities, owners’ management companies, owner occupiers, renters and landlords, including:
- Technical options for the remediation of dwellings,
- Efficient means of carrying out work,
- individual dwellings or whole building approach,
- routine maintenance/refurbishment or remediation,
- Structures or delivery channels needed to facilitate resolution – advice and support.
1. Evaluate the potential cost of technical remediation options.
2. Pursue options on possible financial solutions to effect a resolution, in line with the Programme for Government commitment to identify options for those impacted by defects to access low-cost, long-term finance.
3. Report to the Minister for Housing, Local Government and Heritage on the Examination of Defects in Housing.
As part of its deliberations, the working group is consulting with a wide range of relevant stakeholders. As part of this stakeholder engagement, the Working Group conducted a series of online surveys between 31 January and 14 March 2022 seeking the experiences of homeowners, landlords, Directors of Owners’ Management Companies and Property Management Agents. These submissions are currently being analysed.
The insights gained through engagement with stakeholders as well as the outcome of the online consultation will inform the ongoing deliberations of the Working Group and support the delivery on its extensive terms of reference and finalisation of its report.
I am satisfied that the Working Group is working effectively and efficiently on this complex matter, and will require sufficient time to complete its work beyond the end of this month. In that context, I look forward to a report later this year following completion of their consultations and deliberations. Once I receive the report I will give full consideration to its contents.
316. Deputy Niall Collins asked the Minister for Housing, Local Government and Heritage if advice will be provided in relation to matters raised in correspondence by a person (details supplied) in relation to solar panels; and if he will make a statement on the matter. [14084/22]
Amharc ar fhreagra348. Deputy Seán Haughey asked the Minister for Housing, Local Government and Heritage if he will update the planning regulations in respect of solar panels; when the process of updating the planning regulations to facilitate the installation of solar panels will be finalised; when the updated regulations will be in place; and if he will make a statement on the matter. [14739/22]
Amharc ar fhreagra354. Deputy Jim O'Callaghan asked the Minister for Housing, Local Government and Heritage when planning regulations will be updated to permit solar panels being placed in schools; and if he will make a statement on the matter. [14942/22]
Amharc ar fhreagra358. Deputy Robert Troy asked the Minister for Housing, Local Government and Heritage the reason that steps are necessary to update planning regulations for solar panel being repeatedly delayed in relation to solar panel use in schools; and when the process of updating the planning regulations to facilitate the installation of solar panels will be finished in order that updated regulations can be signed off. [15006/22]
Amharc ar fhreagraI propose to take Questions Nos. 316, 348, 354 and 358 together.
Under the Planning and Development Act, 2000, as amended (the Act), all development, unless specifically exempted under the Act or associated Regulations, requires planning permission. Section 4 of the Act and Schedule 2 of the Planning and Development Regulations 2001, as amended (the Regulations), set out various exemptions from the requirement to obtain planning permission. Any such exemptions are subject to compliance with any general restrictions on exemptions set out in the Act or the Regulations and to the specific conditions set out in each class of exempted development in Schedule 2 of the Regulations. Included in the planning exemptions set out in the Regulations are those applying to the installation of solar infrastructure on a variety of building types, including houses, businesses, industrial and agricultural to which specific conditions are attached.
My Department, in the context of the Climate Action Plan and in consultation with the Department of Environment, Climate and Communications, has undertaken a review of the solar panel planning exemptions set out in the Regulations, with a particular focus on facilitating increased self-generation of electricity. This review is now complete. Substantial changes to the current planning exemption thresholds for solar panels are proposed, as well as the introduction of new classes of solar panel planning exemptions for apartments and educational/community/religious buildings.
In light of the need to appropriately address aviation safety concerns arising from the “glint and glare” impacts of solar panels and the easing of the solar panel planning exemption thresholds, the regulations will cover the vast majority of the land area of the country, with limited restriction zones around airports.
The draft regulations have been reviewed under the Strategic Environmental Assessment (SEA) Directive 2001/42/EC and it has been determined that they are likely to have significant effects on the environment, necessitating the undertaking of a full SEA on the draft proposals. It is anticipated that the formal SEA process will commence, with consultation with the statutory environmental authorities to inform the content of the Environmental Report, following the conclusion of Appropriate Assessment process by my Department’s Ecological Assessment Unit (EAU). In this connection, the draft regulations are currently being screened for Appropriate Assessment by the EAU and the screening report is expected imminently. The SEA Environmental Report will be published alongside the draft regulations for a period of public consultation of not less than 4 weeks. This public consultation is expected to commence shortly. A copy of the draft regulations and the Environmental Report will be made available for inspection over this period. Written submissions or observations will be taken into consideration before finalisation of the draft regulation.
As required under planning legislation, the proposed exempted development regulations must be laid in draft form before the Houses of the Oireachtas and receive a positive resolution from both Houses before they can be made and the SEA process concluded. Accordingly, the process for finalising the solar panel planning exemptions will be completed in the coming months.
While these regulations are being advanced, my Department is concurrently examining the scope to draft supplementary regulations to further expand the exemptions by way of reducing the proposed restriction zones around airports.
319. Deputy Carol Nolan asked the Minister for Housing, Local Government and Heritage if he or officials from his Department have engaged in any form of communication with the World Economic Forum or representatives of the World Economic Forum including by phone call, webinar, email or any event organised by the World Economic Forum from 1 January 2019 to date; if so, the details of same; and if he will make a statement on the matter. [14163/22]
Amharc ar fhreagraAn official from the National, Regional and Urban Planning Policy Unit within my Department attended two webinar events and one video conference call with representatives in relation to the World Economic Forum.
1. SCSI Event re: Future of work and cities post-Covid - 02/12/2020
2. Dublin Economic Workshop - 13/09/2021
3. Informal call with Alice Charles (Lead, Urban Transformation, World Economic Forum) - 22/01/2021
320. Deputy Michael Healy-Rae asked the Minister for Housing, Local Government and Heritage if he will develop guidelines for the development of battery stations (details supplied); and if he will make a statement on the matter. [14198/22]
Amharc ar fhreagraI have responsibility for planning policy in my role as Minister for Planning. However policy regarding energy infrastructure including battery storage is not one in which I have any direct statutory function. In this regard, it is a matter for the Minister for the Environment, Climate and Communications to formulate policy and any technical specifications with regard to battery storage. As the Minister concerned has indicated in replies to Question No. 207 of 3 February 2022 and Question No. 42 of 2 March 2022, his Department is presently formulating policy with regard to battery storage and expects to publish this in 2023. Once the Minister concerned publishes policy on this matter, the planning system (i.e. planning authorities and An Bord Pleanala) shall be required to have regard to such new policy and any associated specifications when making determinations on relevant planning applications and appeals.
In this connection, further to the publication of policy in this area by the Minister for the Environment, Climate and Communications, consideration may be given to the need for Section 28 Guidelines for planning authorities in relation to battery storage. The development of any such guidance would necessitate a joint approach with relevant Departments as well as the regulatory authorities responsible. At this point in time and pending the publication of new policy in this area by the Minister for the Environment, Climate and Communications, it is not proposed to develop specific section 28 planning guidelines relating to battery storage.
321. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage when the National Homeless Action Committee will meet to consider and make recommendations on whether or not HIQA should be appointed to inspect services for persons that have become homeless including privately run emergency accommodation; and if he will make a statement on the matter. [14210/22]
Amharc ar fhreagraAs provided for in Housing for All, the National Homeless Action Committee (NHAC) was established in Q4 2021. The overarching objective of NHAC is to ensure that a renewed emphasis is brought to collaborating across Government to implement actions in Housing for All, along with bringing better coherence and coordination of homeless-related services in delivering policy measures and actions to address homelessness. Meetings of NHAC take place on a quarterly basis and the next meeting is due to take place in April.
At the next meeting of NHAC, the Committee will consider the most appropriate way forward in terms of inspections of services for persons that have become homeless, including privately run emergency accommodation. A decision on this matter will require careful consideration and consultation particularly with the Department of Health, Tusla, local authorities and others involved in this area. I am committed to considering the most appropriate way forward, in partnership with relevant bodies, through NHAC.
322. Deputy John Lahart asked the Minister for Housing, Local Government and Heritage the recourse that a consumer has in cases in which shoddy building work has been carried out on their home and in which the contractor is not registered with organisations (details supplied); the avenues they can explore to make good on the shoddy workmanship; and if he will make a statement on the matter. [14227/22]
Amharc ar fhreagraThe Building Control Act 1990 provides, inter alia, for the making of Building Regulations in respect of the construction of buildings. The aim of the Building Regulations is to provide for the safety and welfare of people in and about buildings. The Building Regulations apply to the design and construction of a new building (including a dwelling) and certain works to an existing building.
The minimum performance requirements that a building must achieve are set out in the Second Schedule to the Building Regulations. These requirements are set out in 12 parts (classified as Parts A to M). Technical Guidance Documents (TGDs) are published to accompany each part indicating how the requirements of that part can be achieved in practice.
There is an overarching requirement under Part D (Material and Workmanship) of the Building Regulations which requires that all works should be carried out:
- Using proper materials which are fit for the use for which they are intended and for the conditions in which they are to be used.
- With a proper standard of workmanship and the appropriate use of any material to achieve compliance with the requirements of the Regulations.
- By competent persons with sufficient training, experience and knowledge appropriate to the nature of the work he or she is required to perform and having particular regard to the size and complexity of such works so as to ensure a proper standard of workmanship.
Responsibility for enforcement is delegated to local building control authorities who are independent in the exercise of their statutory powers and any person who believes that an offence has been committed is encouraged to report this to the local building control authority in whose area the offence is alleged to have been committed. Building control authorities have strong powers of inspection and enforcement under the Acts. Authorised officers of each local building control authority have delegated powers to: -
- scrutinise proposals and inspect works in progress;
- serve enforcement notices on owners and builders for non-compliance;
- institute proceedings for breaches of any requirements outlined in the Acts, or any
- regulations made thereunder; and
- seek High Court orders to mitigate danger to the public where serious non-compliance poses risks to public safety.
Failure by an owner or a builder, at the request of a building control authority, to demonstrate compliance with the Building Regulations or the Building Control Regulations, or to rectify any such non-compliance, may be an offence under the Building Control Acts. If successfully prosecuted in court, such offences may lead to a fine and/or a term of imprisonment. The use of these powers is, however, subject to a statute of limitations of five years from the date of completion of the buildings concerned.
Other significant pieces of redress and producers’ liability legislation which may apply to construction products are the Sale of Goods Act 1893 and the Sale of Goods and Supply of Services Act 1980; and the Liability for Defective Products Act 1991.
The Programme for Government sets out a number of commitments in respect of the important policy area of addressing building defects. Housing for All, the Government’s national plan on housing to 2030, reiterates this commitment. In this regard, in 2021 I established a Working Group to examine fire safety, structural safety and water ingress defects in purpose built apartment buildings, including duplexes, constructed between 1991 and 2013. The Working Group will report to me later this year following completion of their consultations and deliberations. Once I receive the report I will give full consideration to its contents.
Finally, the Regulation of Providers of Building Works Bill 2021 is currently being debated in the Oireachtas. This legislation will put the Construction Industry Register Ireland on a statutory footing and aims to benefit consumers and the general public by giving those who engage a registered builder the assurance that they are dealing with a competent and compliant operator. The legislation will require providers of building services to register with the appointed statutory body. This will apply to entities or individuals who hold themselves out for consideration as a provider of building works for both residential and non-residential buildings that are subject to the Building Regulations.
323. Deputy Rose Conway-Walsh asked the Minister for Housing, Local Government and Heritage when he will announce the 2022-2024 multi-annual rural water programme funding for County Mayo; and if he will make a statement on the matter. [14229/22]
Amharc ar fhreagraIn April 2018, a working group - the Rural Water Working Group - was established to conduct a review of the wider investment needs relating to rural water services. The Group's aim is to recommend measures to ensure an equality of outcome between those who receive water services from Irish Water and non-Irish Water customers.
The terms of reference of the review provide for a two-strand approach. Strand 1 is considering the composition and distribution of funding for the upcoming Multi-Annual Rural Water Programme. Strand 2 is considering the more complex longer-focus issues surrounding the long-term future resourcing of the Rural Water Sector.
The Working Group is currently finalising a report on Strand 1 of its deliberations. The report, to be finalised in coming weeks, will make recommendations on the measures to be considered for funding under the upcoming multi-annual programme. Once I have received the report and had an opportunity to consider its recommendations, I expect to announce details of the programme priorities and an invitation to local authorities, including Mayo, to submit bids will follow.
Following the receipt of bids, an Expert Panel will evaluate all appropriate bids, and based on the recommendations of the Panel a report will be submitted for my consideration and approval later this year.
324. Deputy Jennifer Whitmore asked the Minister for Housing, Local Government and Heritage the timeline of the review of the Electoral Acts; when it will be published; and if he will make a statement on the matter. [14286/22]
Amharc ar fhreagraThe Programme for Government – "Our Shared Future" – contains a number of commitments in respect of electoral reform including the following:
- the establishment of an electoral commission;
- the modernisation of the Register of Electors; and
- the regulation of online political advertising.
In December 2020, the Government approved the General Scheme of an Electoral Reform Bill, which meets these commitments, and also includes provisions which are aimed at assisting with the holding of electoral events where Covid-19 restrictions are in place. The General Scheme is available on my Department's website at www.gov.ie/en/publication/34cf6-general-scheme-of-the-electoral-reform-bill-2020 and I anticipate publication of the Electoral Reform Bill very shortly.
The proposed Electoral Commission will take on a new research and advisory role, conducting research on electoral policy and procedure and providing advice to the Minister. Such advice will include the making of recommendations in relation to any proposals for legislative change, or any other electoral policy matters or procedures.
325. Deputy Jennifer Whitmore asked the Minister for Housing, Local Government and Heritage if the new National Biodiversity Plan will include recommendations proposed by the new Citizens’ Assembly on Biodiversity; and if he will make a statement on the matter. [14288/22]
Amharc ar fhreagraA first draft of the Ireland’s 4th National Biodiversity Action Plan (NBAP) has been developed following a comprehensive review of national, European and international biodiversity policies and other relevant plans and strategies. The draft Plan is currently under stakeholder review by government departments, bodies and organisations that are likely to be impacted by the draft recommendations contained within the Plan, or that will be involved in its implementation. A public consultation period will follow in May, culminating in a broad discussion at the 2nd National Biodiversity Conference, to be held in June.
Once the Citizen’s Assembly is convened, my Department will be in a position to explore how the Assembly’s work can input to the NBAP development process and into measures for biodiversity in general.
326. Deputy Jennifer Whitmore asked the Minister for Housing, Local Government and Heritage if his Department is actively examining seabed grass mapping in Ireland to determine its potential for carbon storage; and if he will make a statement on the matter. [14289/22]
Amharc ar fhreagraIn a response to the commitment set out in the Programme for Government, the Marine Institute, which comes under the auspices of the Department of Agriculture, Food and the Marine, commissioned a report, “Blue Carbon and Marine Carbon Sequestration in Irish Waters and Coastal Habitats”, to review and synthesise existing knowledge in relation to blue carbon and marine carbon sequestration in Irish waters, and to identify critical knowledge gaps. My Department subsequently engaged with the Marine Institute on the development of Terms of Reference for the Marine Institute’s 2021 Blue Carbon research call.
The Marine Institute recently announced that two research teams will undertake a research programme to investigate how Ireland’s marine habitats, including seagrass beds and saltmarsh, store carbon and potentially reduce carbon dioxide concentrations in the atmosphere. The funding amounts to €2.6 million over five years, with co-funding provided by the Environmental Protection Agency. This research will serve to inform future policies and regulation, providing knowledge and evidence to assist with Ireland's goal of attaining 51% reduction in greenhouse gas emissions by 2030 and improve our capacity to meet Irish and international climate and biodiversity targets. The work will commence in the coming months, and my Department will be involved in its development.
327. Deputy Thomas Pringle asked the Minister for Housing, Local Government and Heritage if his attention has been drawn to the fact that Donegal County Council is proposing to demolish a number of houses in a housing development (details supplied); and if he will make a statement on the matter. [14334/22]
Amharc ar fhreagraThe oversight of social housing provision in any area is the responsibility of the relevant local authority which has statutory responsibility for these matters. This responsibility includes housing provided in the operational area of a local authority by an Approved Housing Body (AHB), as the local authority will hold the mortgage for such AHB housing. Local authorities have continuous contacts with the AHBs operating in their areas and the tenanting of social homes would be a key focus of those contacts.
I understand from Donegal County Council that the housing project referred to by the Deputy, was developed by Cluid Housing Association and there are 53 social homes involved, 37 houses and a 16 unit apartment block. I further understand that some of the apartments were leased to the HSE who more recently, have not renewed the lease on a number of the units in the apartment block, as the block is no longer deemed to be fit for purpose.
Where an AHB has constructed housing, the responsibility for management and maintenance of the housing is a matter for them in conjunction with the local authority. I understand that in this case, the AHB has indicated to Donegal County Council that they need to remediate some of the housing units and are exploring a number of options for such works. The Council is anxious that the repurposing of the facility progresses at an early date and intend to meet soon with Clúid Housing Association on the matter. I'm very keen to see a proposal from the AHB and the Council in this regard, so the housing units can be returned to use.
Further specific information on the current status and future plans for this housing will continue to be available directly from the local authority.
328. Deputy Michael Creed asked the Minister for Housing, Local Government and Heritage if he will investigate the ownership and current structural status of a national monument (details supplied); the funding that might be available from his Department for necessary structural works to protect the building from collapse; and if he will make a statement on the matter. [14339/22]
Amharc ar fhreagraThe monument referred to is a recorded monument and is eligible for funding under the Community Monuments Fund. The CMF is administered by the National Monuments Service of my Department through the Local Authorities and €5 million euro has been allocated to the scheme for 2022. The closing date for this fund for 2022 has now passed but it is planned that the scheme for 2023 will be launched later this year.
329. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage his plans to amend the Building Regulations Part B (Fire Safety) to allow for cross-laminated buildings to go higher than 10 metres in order to deliver high quality mid-rise high-density zero carbon apartment developments. [14343/22]
Amharc ar fhreagraThe Building Regulations 1997-2021 set out the legal requirements for the construction of new buildings (including houses), extensions to existing buildings as well as for material alterations and certain material changes of use to existing buildings. Their aim is to provide for the safety and welfare of people in and about buildings. The minimum performance requirements that a building must achieve are set out in the Second Schedule to the Building Regulations. These requirements are set out in 12 parts (classified as Parts A to M). The Building Regulations are set out in functional terms. They are performance based and technology/material neutral. They do not set limitations on the materials. Primary responsibility for compliance with the Building Regulations rests with the designers, builders and owners of buildings.
The associated Technical Guidance Documents (TGD A - M respectively) provide technical guidance on how to comply with the Building Regulations in practical terms for simple non-complex buildings. Where works are carried out in accordance with the relevant technical guidance, such works are considered to be, prima facie, in compliance with the relevant regulations. However, the adoption of an approach other than that outlined in the guidance is not precluded provided that the relevant requirements of the Regulations are complied with.
Part D (Materials and Workmanship) requires that all works should be carried out in a workmanlike manner using “proper materials…which are fit for the use for which they are intended and for the conditions in which they are to be used” to ensure compliance with the Building Regulations. ‘Proper Materials’ includes materials which comply with an appropriate harmonised standard or European Technical Assessment or comply with an appropriate Irish Standard or Irish Agrément Certificate or with an alternative national technical specification of any State which is a contracting party to the Agreement on the European Economic Area, which provides in use an equivalent level of safety and suitability.
Cross laminated timber, as a modern method of construction, is not covered by existing standards. Agrément Certificates may be utilised to demonstrate compliance with the requirements of the Building Regulations for new innovative products or systems, not covered by existing standards. The assessment is carried out by an independent 3rd party, such as the National Standards Authority of Ireland Agrément (NSAI Agrément).
My Department does not have an approval function and does not approve or endorse products for compliance with the Building Regulations or standards. It is critical to ensure that products, systems, and ultimately buildings which are comprised of such products and systems, are designed, constructed, and certified, as fit for purpose, having regard to their intended end use.
The Building Regulations are subject to ongoing review in the interests of safety and the well-being of persons in the built environment and to ensure that due regard is taken of changes in construction techniques, technological progress and innovation.
Part B of the Building Regulations deals with Fire Safety. The associated Technical Guidance Document B (TGD B) provides guidance indicating how the requirements of Part B can be achieved in practice. A fundamental review of Part B (Fire Safety) is underway at present and will take note of the Fire Safety in Ireland report (published in 2018), and consider common and emerging building trends, developments and events from a global perspective, matters relating to external fire spread, external fire resistance, internal fire resistance, cladding systems, sprinklers, etc. Changes in standards, including fire test standards and technological changes in areas such as materials and systems have necessitated a fundamental analysis of the provisions and assumptions contained in Technical Guidance Document B – Fire Safety.
In this context, my Department established a Consultative Committee in December 2020 which has met nine times to date, in addition to a number of sub-group meetings. Draft documentation in the form of revised draft Building Regulations (Part B Amendment) Regulations, Technical Guidance Document B – Fire Safety, and a Regulatory Impact Analysis are currently being developed with a view to being brought forward for public consultation later this year.
330. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage if he will confirm his Department's social housing means assessment policy, specifically regarding the assessment of savings and capital of social housing support applicants and the recent implantation of same by South Dublin County Council whereby applicants have been refused on the basis of savings, inheritance, pension and redundancy lump sum and other amounts held in financial institutions. [14344/22]
Amharc ar fhreagraDecisions on eligibility for social housing support are a matter solely for local authorities with reference to eligibility and need criteria set down in section 20 of the Housing (Miscellaneous Provisions) Act 2009 and the associated Social Housing Assessment Regulations 2011 (as amended).
To qualify for social housing support a household must meet all of the eligibility criteria, which primarily relate to income, availability of alternative accommodation, and previous rent arrears.
The 2011 Regulations prescribe maximum net income limits for each local authority, in different bands according to the area concerned, with income being defined and assessed according to a standard Household Means Policy. The Department issued a guidance note to assist local authorities when applying the Household Means Policy.
The Policy defines net income for social housing assessment purposes as gross household income less income tax, PRSI, Universal Social Charge and Additional Superannuation Contribution. The Policy also provides for a range of income disregards, and local authorities may also disregard income that is temporary, short-term or once-off in nature. However, with limited exceptions, income from social insurance and social assistance payments, allowances and benefits, and occupational and social welfare pensions (from whatever source, including from abroad) is assessable.
331. Deputy Duncan Smith asked the Minister for Housing, Local Government and Heritage if he will be issuing instructions on section 254 licences to local authorities as in previous years; and if he will make a statement on the matter. [14347/22]
Amharc ar fhreagraThe licensing of appliances, apparatus and structures on public roads and footpaths is governed by section 254 of the Planning and Development Act 2000, as amended (the Act), and associated regulations. My Department issued planning circulars to local authorities in 2021 relating to regulations made under section 254 with regard to street furniture (S.I. 209 of 2021 - Circular PL06/2021) and to telecommunications infrastructure (S.I. 422 of 2021 - Circular PL 07/2021).
Planning legislation is kept under constant review and if any further regulations are made under section 254 of the Act, local authorities will be notified accordingly. There are no plans to make further regulations in this regard at this point in time.
332. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if Ukrainian nationals fleeing the war into Ireland will be able to apply for social housing support and to access HAP during their stay in Ireland. [14352/22]
Amharc ar fhreagraThe Government is committed to delivering a humanitarian response to welcome people fleeing the war in Ukraine and seeking protection in Ireland as part of the EU response.
As part of its response, Government is providing accommodation through the International Protection Accommodation Service and is working closely with Local Authorities to provide accommodation for Ukrainian arrivals in a variety of settings including:
- Hotels, guest houses and B&Bs;
- Accommodation pledged by the general public, which is being assessed for suitability;
- State-owned or private properties which may be suitable for short-term accommodation;
- Religious properties; and
- Local authority community facilities.
Regarding pledged accommodation, the Red Cross is the centre point for offers of assistance for accommodation coming in through local authorities or the public and will liaise directly with Department of Children, Equality, Disability, Integration and Youth on same. The Housing Assistance Payment or HAP is not available for accommodation pledged to the Red Cross.
The Government is continuing to develop its humanitarian response to address the accommodation issues arising in the short, medium and long-term.
Government is also working to ensure that local capacity, resources and knowledge are brought to bear on the overall humanitarian response and will work closely with Local Authorities to ensure a well coordinated and seamless approach.
333. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage the total number of social housing leased properties held by the National Asset Residential Property Services ; the breakdown of the location of the units by local authority area; the amount paid to date from for these long-term leases; the length of time remaining and the expected cost remaining on these leases; the date upon which these properties will be transferred to the LDA; the reason the LDA has been chosen to manage these units; and any other update on NARPS that may be available. [14357/22]
Amharc ar fhreagraIn 2013, NAMA established a special purpose vehicle (National Asset Residential Property Services Limited ‘NARPS’), to take ownership of suitable residential units directly from NAMA debtors and receivers in areas where there was an established demand for social housing and then lease these units on a long-term basis to an approved housing body (AHB) or local authority.
Information in relation to the number of leases by local authority is available on the NAMA website at the following link:
www.nama.ie/our-work/social-initiatives/social-housing/social-housing-units-offered-by-local-authority.
The total spend on NARPS dwellings over the last number of years can be found in the table below.
SHCEP Expenditure on NARPS dwellings
|
Year |
Spend on NARPS Leases |
|
2018 |
€12,126,909 |
|
2019 |
€11,116,511 |
|
2020 |
€10,807,340 |
|
2021 |
€13,363,541 |
Leasing costs prior to 2018 (which include NARPS) are available on a cumulative basis only and, as such, it is not possible to give a breakdown of the cost of NARPS leases before that date.
NARPS leases are 20 years and 9 months in duration. The majority of these leases commenced in 2015/2016, and the remaining average lease term is 15 years. The future cost of NARPS leases is dependent on the length of time left on a specific lease and whether and when a rent review will take place. Funding for NARPS leases for future years will be agreed on an annual basis as part of the normal Estimates process.
Under ‘Housing for All’, Action 18.2 requires the process for the proposed transfer of NARPS from NAMA to the Land Development Agency (LDA) to be agreed. This action is the joint responsibility of my Department and the Department of Finance. Legal advice is currently being sought from the Office of the Attorney General on the legal transfer mechanism for the transfer of the NARPS portfolio from NAMA to the LDA. As such, the date on which ownership of the NARPS portfolio will transfer to the LDA is not yet known.
Transferring the NARPS portfolio to the LDA ensures that the portfolio will remain in the ownership of the State and will continue to be used for social housing leasing provision.
334. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage when the mid-term review of the Traveller accommodation programmes is to commence; the guidance that has been issued to local authorities with respect to this review; and if he will publish all documentation received by his Department regarding this review to ensure full transparency with respect to the implementation of the Traveller accommodation programmes. [14362/22]
Amharc ar fhreagraThe Housing (Traveller Accommodation) Act 1998 provides that housing authorities have statutory responsibility for the assessment of the accommodation needs of Travellers and the preparation, adoption and implementation of multi-annual Traveller Accommodation Programmes (TAPs) in their areas. My Department’s role is to ensure that there are adequate structures and supports in place to assist the authorities in providing such accommodation, including a national framework of policy, legislation and funding. Progressing Capital projects is a matter for each local authority.
My Department circulated a copy of the Office of the Planning Regulator - OPR Case Study Paper CSP03 -Traveller Accommodation and the Local Authority Development Plan to local authorities for their consideration as part of the forthcoming mid-term review of the Traveller Accommodation Programmes 2019-2024. This research forms part of one of the recommendations in the Traveller Accommodation Expert Review report being progressed by the Programme Board. My Department will be communicating further with local authorities on the mid-term review shortly.
335. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage the status of his Department's engagement with an organisation (details supplied) with regard to the status of bank debt versus State debt in the affordable housing fund and the shared equity loan; and the implications for the taxpayer if the banks demand that their debt takes priority over the State equity share in cases of default by the home buyer. [14363/22]
Amharc ar fhreagraThe Affordable Housing Act 2021, the provisions of which I commenced in August and September 2021, laid the foundation for two new affordable purchase schemes: the first to be delivered via Local Authorities and the Land Development Agency, and the second a national 'First Home' shared equity scheme supporting purchases in the private market. Together these two schemes will support the purchase of 36,000 homes under the Government's Housing for All strategy.
On the basis that the purchaser of a home will generally require a mortgage to secure a home, I can confirm that in the development of both schemes, my Department is engaging with the Banking and Payments Federation Ireland and its members. As the First Home Scheme will be delivered via a strategic partnership between the State and participating mortgage lenders, I can confirm that all parties are working with a view to deploying the scheme by the end of Q2 this year.
Both of the affordable purchase schemes will use an equity support model to assist eligible purchasers. In the case of Local Authority Affordable Purchase, this equity stake will be equivalent to the reduction in price from the full market value of the home and the stake will be held by the Local Authority.
In the case of the national First Home scheme, the equity stake will be the funding provided to bridge the gap between someone's maximum mortgage and the price of a new home (within regional price ceilings).
Under both schemes the purchaser of the home can redeem or ‘buy out’ this equity stake at a time of their choosing, but there will be no general requirement to do so. If the purchaser chooses not to redeem the equity stake while living in the home, the holder of the stake can do so when the property is sold, or transferred, or after the death of the owner.
It is envisaged that purchasers will use bank mortgages or the Local Authority Home Loan with these schemes, just as in any home purchase, so the equity stake will therefore rank behind whatever loan is secured on the property. The equity support is not a loan, a second mortgage, or any form of 'State debt' and does not take precedence over the debt on the property.
336. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if cash purchases or lump sum purchases above a 10% deposit are permissible under the local authority tenant purchase scheme. [14367/22]
Amharc ar fhreagraThe Tenant Purchase Scheme is open to eligible tenants, including joint tenants, of local authority houses that are available for sale under the scheme. Applicants must meet certain criteria, including minimum reckonable income and minimum time in receipt of social housing supports, to be eligible.
The financing of a house sold under the scheme is a separate matter from the scheme's eligibility criteria. If the tenant is deemed eligible, they may fund the purchase of a house from one, or a combination, of their own resources, or a mortgage provided by a financial institution, or a local authority house purchase loan.
337. Deputy Jennifer Carroll MacNeill asked the Minister for Housing, Local Government and Heritage if additional funding will be allocated to local authorities to facilitate the compilation of community-led village designs statements; and if he will make a statement on the matter. [14386/22]
Amharc ar fhreagraThe Community-Led Village Design Statement is an initiative of the Heritage Council which is funded by my Department. Arrangements have been put in place by all bodies under the aegis of my Department to facilitate the provision of information directly to members of the Oireachtas. This provides a speedy, efficient and cost effective system to address queries directly to the relevant bodies. The contact email address for the Heritage Council is oireachtas@heritagecouncil.ie.
338. Deputy Chris Andrews asked the Minister for Housing, Local Government and Heritage if he will consider fast tracking the planning process for garden offices given that they could be used as short-term accommodation for refugees; and if he will make a statement on the matter. [14446/22]
Amharc ar fhreagraAs part of the Government response to the ongoing conflict in Ukraine and the emerging refugee crisis, my Department is assisting the Department of Children, Equality, Disability, Integration and Youth in providing shelter and support to displaced persons from the conflict in Ukraine. A number of options are being considered including emergency planning provisions under the Planning and Development Act 2000. However, these will be determined shortly.
340. Deputy Johnny Mythen asked the Minister for Housing, Local Government and Heritage if he will provide the capital cost ceilings for Wexford County Council for turnkey and acquisitions; and if he will indicate if these ceilings have been reviewed recently or are in the process of being reviewed. [14476/22]
Amharc ar fhreagraThe current cost guidelines for the acquisition of houses and apartments for social housing use were updated and issued to local authorities in May 2021. A copy of these, in tabular format will be provided to the Deputy in accordance with Standing Orders. The guidelines are generally reviewed annually and the intention is to conduct a further review in Q2 of 2022.
341. Deputy Dessie Ellis asked the Minister for Housing, Local Government and Heritage if the Government in conjunction with the local authorities will re-establish, support and resource the community response fora (details supplied) to maximise the integration of Ukrainian refugees into local communities; and if he will make a statement on the matter. [14515/22]
Amharc ar fhreagra355. Deputy Jennifer Whitmore asked the Minister for Housing, Local Government and Heritage if he has considered reopening the community call in councils across Ireland to help in the coordination of donation and supports for Ukrainian refugees coming to Ireland; and if he will make a statement on the matter. [14945/22]
Amharc ar fhreagraI propose to take Questions Nos. 341 and 355 together.
As they did throughout the COVID-19 pandemic, local authorities will play a full and vital role in the national response to the humanitarian crisis created by the invasion of Ukraine by Russia, particularly in helping to address the needs at local level of Ukrainian refugees who come to Ireland to escape the ongoing fighting.
During the pandemic, the Community Call initiative, led by local authorities, proved a key mechanism in identifying and meeting the practical needs of the most vulnerable people in our communities isolated and isolating in their homes.
It must be recognised that the needs of Ukrainian refugees coming to Ireland will be significantly different and more complex, and include accommodation, education, physical and mental health needs, as well as general integration of refugees into society. The re-establishment and re-purposing of the Community Response Fora and Community Call initiative can play an important role in coordinating the public, private and voluntary stakeholders active at a local level in providing the varied supports required and I am working with my colleague the Minister for Rural and Community Development to ensure that a range of suitable community supports are in place for Ukranian refugees as they arrive into this country.
342. Deputy Richard Boyd Barrett asked the Minister for Housing, Local Government and Heritage his plans and the timeline for the review of the HAP limits; and if he will make a statement on the matter. [14592/22]
Amharc ar fhreagraThe Programme for Government commits to ensuring that Housing Assistance Payment (HAP) levels are adequate to support vulnerable households, while we increase the supply of social housing. Maximum rent limits for HAP were set for each housing authority area in 2016, in conjunction with the Department of Social Protection (DSP). In reviewing the rent limits, my Department worked closely with DSP and monitored data gathered from the Residential Tenancies Board and the HAP Shared Services Centre.
Local authorities also have the flexibility to agree to a HAP payment of up to 20% above the maximum rent limit, because of local rental market conditions and up to 50% in the Dublin region for those households either in, or at immediate risk of, homelessness.
Under Housing for All, my Department was tasked with undertaking an analytical exercise to examine whether an increase in the level of discretion available to Local Authorities under HAP is required, in order to maintain adequate levels of HAP support.
The Housing Agency undertook to carry out this analytical exercise on behalf of my Department. The review was submitted on 20 December 2021. It is undergoing analysis by my Department and I expect to receive recommendations following that analysis.
